The Celestial Jam Session: Creative Sharing Online Caught in Conflicts of Copyright Laws

European Intellectual Property Review (EIPR), vol. 37 (2015), pp. 490-497

8 Pages Posted: 17 Dec 2015 Last revised: 3 Jan 2020

Date Written: December 15, 2015

Abstract

Suppose an intranet within which collaborators creatively recast a copyright work across diverse countries without consent. In unpacking this hypothetical, this article analyzes approaches to conflicts of copyright laws relative both to online and to cross-border infringement. In the case in question, copyright laws risk entering into tensions with creative collaborators’ fundamental rights, notably privacy and freedom of expression. To defuse such tensions while accommodating public policies, a court may decline to enjoin the more or less private networking of claimant’s work under any arguably applicable law. Nonetheless, the court may award damages or profit shares by applying copyright laws country by country to markets that infringement impacts in crossing borders. However, in a case like that posited here, such an award may not prove worth seeking for any market in which such impacts are negligible. In any event, an award granted in one jurisdiction may be disallowed in another if it is there found disproportionately excessive.

Keywords: Copyright, intranets, creative collaboration, cross-border infringement, private international law, conflicts of laws, ordre public, fundamental rights, privacy, free expression, remedies

JEL Classification: K10, K11, K33, L82, O34

Suggested Citation

Geller, Paul Edward, The Celestial Jam Session: Creative Sharing Online Caught in Conflicts of Copyright Laws (December 15, 2015). European Intellectual Property Review (EIPR), vol. 37 (2015), pp. 490-497, Available at SSRN: https://ssrn.com/abstract=2704146

Paul Edward Geller (Contact Author)

Independent ( email )

P.O. Box 491578
Los Angeles, CA 90049
310-440-0047 (Phone)

HOME PAGE: http://pgeller.com/

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